https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10667

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BOMET** **CRIMINAL CASE NO. E019 OF 2025** **REPUBLIC …………………………….……………….. PROSECUTION** **-VERSUS-** **HILLARY BII……………………………………………. ACCUSED** **RULING** 1. The Accused has been charged with the offence of murder contrary to **section 203 as read with section 204 of the Penal Code**. The particulars are that on 11th September 2025 at Kipsarwet Village, Kipngosos Sub-Location, Longena Location in Sotik Sub County within Bomet County, he murdered Emmanuel Kimutai. 2. Counsel for the Accused made an Application for the Accused to be released on bail. 3. A Bail Report was filed in this court on 24th November 2025. I have gone through the report and it is favourable. The report states that the local community would have no problem to the Accused being released on bail. The report further states that the Accused’s family were not opposed to the Accused’s release on bail and were willing to stand surety for him. 4. **Article 49(1) (h) of the Constitution** provides: - **An arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.** 1. This court has held that it was the duty of the prosecution to demonstrate compelling reasons. In the celebrated case of **Republic v Danson Mgunya & another [2010] KEHC 4116 (KLR),** Ibrahim J. (as he then was) held: - ***“In our Constitution it is stated expressly, positively and unequivocally that an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial. This means an accused must be released on bail or bail on reasonable conditions. The only exception or fetter to this right is that there must be “compelling reasons not to be released”. The court must therefore exercise its discretion with this in mind – “existence of compelling reasons.”*** 1. The Prosecution have not advanced any compelling reason to oppose the Accused’s release on bail. 2. Flowing from the above, I do not find any compelling reason to deny the Accused bail. This court bears in mind that the primary purpose of bail is to ensure that the Accused attends the trial. 3. In the end, I make the following orders: - **The accused may be released on a bond of kshs. 300,000/- (Kshs. Three hundred thousand only) with two sureties of similar amount.** 1. ……………… **Ruling delivered, dated and signed at Bomet this 16th day of July, 2026.** **…………………………………….** **Hon. JULIUS K. NG’ARNG’AR** **JUDGE** **Ruling delivered in the presence of:** **Siele/Zachary (Court Assistants).** **Ms Koech for the Republic** **Ms Mukundi for the Accused** **Accused**